Cox & Mazzoli

Case Results

United States v. Payne

Not Guilty Verdict on Narcotics Charges; All Charges Dismissed After Successful Appeal

Case number: 1:97 CR 00016-JHM-1 Jurisdiction: United States District Court Western District of Kentucky, Bowling Green Date of trial: July 1999 Judge: Joseph H. McKinley

Mr. Payne was indicted and charged with Possessing with Intent to Distribute Methamphetamine and Being a Felon in Possession of a Firearm pursuant to 18 U.S.C. '922(g). Because of his lengthy criminal history, Mr. Payne was an Armed Career Criminal pursuant to federal law. The case was tried and Mr. Payne was acquitted on all drug charges but found guilty of possessing one gun after being previously found guilty of a felony. Because of his criminal history, the Court was required to sentence him to a period of incarceration of 22 years. Mr. Payne was designated by the Bureau of Prisons to serve his sentence in maximum security at the Federal Correctional Institution in Terre Haute, Indiana.

We tried Mr. Payne's case and also handled his direct appeal before the Sixth Circuit Court of Appeals in Cincinnati, Ohio. We were successful on appeal, and Mr. Payne's conviction was reversed when the appellate court determined that the trial court should have sustained our motion to suppress evidence. Mr. Payne was ordered freed from prison and has lived as a free man since that date. See, United States v. Payne, 181 F.3d 781 (6th Cir. 1999).

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